Scenario A: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant prior to August 01, 2014

A transitional provision applies i.e. R13 (1) (c).

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) from the principal applicant [Section 5.24 of OP 1]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ) from the principal applicant, the child is:
  • Under 22 years of age and single
  • Aged 22 years or above AND a fulltime student dependent on a parent or,
  • Aged 22 years or above and dependent on a parent because of a physical or mental condition
  • Officers would need to refer to the entire pre-amendment definition of a dependent child
  • Sample Scenario A
    • On June 20, 2014, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a Quebec Immigration Program for Skilled Workers applicant
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 23 years old
      • Unmarried and,
      • Going into the second year of a master’s program at a university
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Immigration, Refugees and Citizenship Canada (IRCC) begins processing the application after August 01, 2014
    • Quebec had received the Certificat de sélection du Québec (CSQ) application from the principal applicant prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The applicable lock-in date is the date on which the principal applicant applied to Quebec for a Certificat de sélection du Québec (CSQ)
    • In case the child had been 22 years of age or over at that time, Quebec would have evaluated the child’s student status before issuing a Certificat de sélection du Québec (CSQ)
    • Therefore, in this situation, the officer would only be able to determine whether the child is eligible to be a dependent child by assessing whether:
      • The child remains in the status of a fulltime student and,
      • The child is financially dependent
    • The officers process the child’s application as a Type B dependent because the age lock-in date is effective on the date Quebec received the Certificat de sélection du Québec (CSQ) application from the principal applicant and on that date, the child was:
      • Found to have depended substantially on the financial support of the parent since before the age of 22 years and,
      • Found to have been continuously enrolled in and attending a post-secondary institution
    • Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition

 

Scenario B: Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant on or after August 01, 2014, but the principal applicant had applied for a Certificat de sélection du Québec (CSQ) prior to August 01, 2014

A transitional provision applies i.e. R13 (1) (c).

• Definition of a Dependent Child: Use the pre-amendment definition
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) from the principal applicant [Section 5.24 of OP 1]
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ) from the principal applicant, the child is:
  • Under 22 years of age and single
  • Aged 22 years or above AND a fulltime student dependent on a parent or,
  • Aged 22 years or above and dependent on a parent because of a physical or mental condition
  • Officers would need to refer to the entire pre-amendment definition of a dependent child
  • Sample Scenario B
    • On January 08, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from a Quebec Immigration Program for Self-Employed Workers applicant
    • The Application for Permanent Residence (APR) includes details of the applicant’s children who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), are:
      • Aged 20 years old and married (the elder child) and,
      • Aged 18 years old and unmarried (the younger child)
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s two children
    • Quebec had received the Certificat de sélection du Québec (CSQ) application from the principal applicant prior to August 01, 2014, hence:
      • A transitional provision applies and,
      • The officers would apply the pre-amendment definition of a dependent child
    • The applicable lock-in date is the date on which the principal applicant applied to Quebec for a Certificat de sélection du Québec (CSQ)
    • The officer determines that the elder child:
      • Is financially independent and not a student
      • Got married after applying to Quebec and,
      • Did not inform Quebec about the marriage
    • Therefore, the officer concludes that the elder child does not meet any of the criteria specified in the pre-amendment definition of a dependent child
    • The officers process the younger child’s application as a Type A dependent because on the date the Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – the age lock-in date, the child was:
      • Under 22 years of age
      • Unmarried and,
      • Not in a common-law relationship
    • Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition

 

Scenario C: Quebec receives a Certificat de sélection du Québec (CSQ) application from the principal applicant on or after August 01, 2014. The principal applicant submits an Application for Permanent Residence (APR) to Immigration, Refugees and Citizenship Canada (IRCC) after Quebec approves the Certificat de sélection du Québec (CSQ)

A transitional provision does not apply.

• Definition of a Dependent Child: Use the new definition [R25.1 (3)]
• Age Lock-in Date: The age lock-in date is the date on which Quebec received the application for a Certificat de sélection du Québec (CSQ)
• The Impact: Officers can process a child as a dependent if, on the date on which Quebec receives the Certificat de sélection du Québec (CSQ) application, the child is:
  • Under 19 years of age and single or,
  • Aged 19 years or above and dependent on a parent because of a physical or mental condition
  • Sample Scenario C
    • On August 01, 2014, Quebec receives a Certificat de sélection du Québec (CSQ) application from a Quebec Immigration Entrepreneurs Program applicant
    • Quebec approves the Certificat de sélection du Québec (CSQ) on February 01, 2015
    • On April 07, 2015, Immigration, Refugees and Citizenship Canada (IRCC) receives an Application for Permanent Residence (APR) from the principal applicant
    • The Application for Permanent Residence (APR) includes details of the applicant’s child who, at the time Immigration, Refugees and Citizenship Canada (IRCC) received the Application for Permanent Residence (APR), was:
      • Aged 19 years old
    • The application includes a Certificat de sélection du Québec i.e. CSQ – Quebec Selection Certificate (CSQ) for the principal applicant and the principal applicant’s child
    • Quebec had received the undertaking application on August 01, 2014, hence:
      • A transitional provision would not apply and,
      • The officers would apply the new definition of a dependent child
    • The child became 19 years old on April 01, 2015
    • The officers process the younger child’s application as a dependent because on the date the Quebec received the principal applicant’s Certificat de sélection du Québec (CSQ) application – the age lock-in date, the child was:
      • Under 19 years of age and,
      • Single
    • Dependent children could benefit from a transitional provision at the Application for Permanent Residence (APR) stage by remaining unmarried and not entering into a common-law relationship, if these were requirements specified for meeting the pre-amendment definition